People v. Concepcion, 266 A.D.2d 227

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered November 8, 1996, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s argument that he was deprived of a fair trial by prosecutorial misconduct. When a case is tried without a jury, absent a showing of prejudice, the Trial Judge is presumed to have considered only competent evidence adduced at trial in reaching the verdict (see, People v Robinson, 143 AD2d 376, 377). There is no basis for finding that the court considered anything but competent evidence. Bracken, J. P., Friedmann, Goldstein and Smith, JJ., concur.

Case Details

Case Name: People v. Concepcion

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Nov 1, 1999

Citations: 266 A.D.2d 227; 697 N.Y.S.2d 697; 1999 N.Y. App. Div. LEXIS 11052

Court Abbreviation: N.Y. App. Div.